Wednesday, May 21, 2008

Admiralty Law in the U.S.

The Constitution was a commercial compact between states, giving the federal government limited powers. The Bill of Rights was meant not as our source of rights, but as further limitations on the federal government. Our fore-fathers saw the potential for danger in the U. S. Constitution. To insure the Constitution was not presumed to be our source of rights, the 10th Amendment was added. I will use a quote from Thomas Jefferson, February 15, 1791, where he quotes the 10th Amendment...

"I consider the foundation of the Constitution as laid on this ground; That "all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people." To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible of any definition."

The created United States government cannot define the rights of their creator, the American people. Three forms of law were granted to the Constitution, common law, equity (contract law) and Admiralty law. Each had their own jurisdiction and purpose. The first issue I want to cover is the United States flag. Obviously from known history our flag did not have a yellow fringe bordering three sides. The United States did not start putting flags with a yellow fringe on them in government buildings and public buildings until 1959. Of course the question you would ask yourself; why did it change and are there any legal meanings behind this? Oh yes!

First the appearance of our flag is defined in Title 4 sec. 1. U.S.C..

"The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field." (Note - of course when new states are admitted new stars are added.)

A foot note was added on page 1113 of the same section which says:

"Placing of fringe on the national flag, the dimensions of the flag, and arrangement of the stars are matters of detail not controlled by statute, but within the discretion of the President as Commander-In-Chief of the Army and Navy." - 1925, 34 Op.Atty.Gen. 483.

The president as military commander can add a yellow fringe to our flag. When would this be done? During a time of war. Why? A flag with a fringe is an ensign, a military flag. Read the following.

"Pursuant to U.S.C. Chapter 1, 2, and 3; Executive Order No. 10834, August 21, 1959, 24 F.R. 6865, a military flag is a flag that resembles the regular flag of the United States, except that it has a YELLOW FRINGE, bordered on three sides. The President of the United states designates this deviation from the regular flag, by executive order, and in his capacity as COMMANDER-IN-CHIEF of the Armed forces."

From the National Encyclopedia, Volume 4:

"Flag, an emblem of a nation; usually made of cloth and flown from a staff. From a military standpoint flags are of two general classes, those flown from stationary masts over army posts, and those carried by troops in formation. The former are referred to by the general name flags. The latter are called colors when carried by dismounted troops. Colors and Standards are more nearly square than flags and are made of silk with a knotted Fringe of Yellow on three sides...........use of the flag. The most general and appropriate use of the flag is as a symbol of authority and power."

The reason I started with the Flag issue is because it is so easy to grasp. The main problem I have with the yellow fringe is that by its use our Constitutional Republic is no more. Our system of law was changed without the public's knowledge. It was kept secret. This is fraud. The American people were allowed to believe this was just a decoration. Because the law changed from Common Law (God's Law) to Admiralty Law (the kings law) your status also changed from sovereign to subject. From being able to own property (allodial title) to not owning property (tenet on the land). If you think you own your property, stop paying taxes, it will be taken under the prize law.

"The ultimate ownership of all property is in the state; individual so-called `ownership' is only by virtue of government, i.e., law, amounting to a mere user; and use must be in accordance with law and subordinate to the necessities of the State." - Senate Document No. 43, "Contracts payable in Gold" written in 1933.

By our allowing to let these military flags fly, the American people have admitted our defeat and loss of status. Read on, you'll see what I mean. Remember the Constitution recognizes three forms of law, being governed by the Law of the Flag is Admiralty law. I will cover this in a minute, the following is a definition of the legal term Law of the Flag.

"...The agency of the master is devolved upon him by the law of the flag. The same law that confers his authority ascertains its limits, and the flag at the mast-head is notice to all the world of the extent of such power to bind the owners or freighters by his act. The foreigner who deals with this agent has notice of that law, and, if he be bound by it, there is not injustice. His notice is the national flag which is hoisted on every sea and under which the master sails into every port, and every circumstance that connects him with the vessel isolates that vessel in the eyes of the world, and demonstrates his relation to the owners and freighters as their agent for a specific purpose and with power well defined under the national maritime law." - Bouvier's Law Dictionary, 1914.

Don't be thrown by the fact they are talking about the sea, and that it doesn't apply to land, I will prove to you that Admiralty law has come on land. Next a court case:

"Pursuant to the "Law of the Flag", a military flag does result in jurisdictional implication when flown. The Plaintiff cites the following: "Under what is called international law, the law of the flag, a shipowner who sends his vessel into a foreign port gives notice by his flag to all who enter into contracts with the shipmaster that he intends the law of the flag to regulate those contracts with the shipmaster that he either submit to its operation or not contract with him or his agent at all." - Ruhstrat v. People, 57 N.E. 41, 45, 185 ILL. 133, 49 LRA 181, 76 AM.

When you walk into a court and see this flag you are put on notice that you are in a Admiralty Court and that the king is in control. Also, if there is a king the people are no longer sovereign. You're probably saying this is the most incredible thing I have ever heard. YOU have read the proof, it will stand up in court. But wait, there is more, you probably would say, how could this happen? Here's how. Admiralty law is for the sea, maritime law govern's contracts between parties that trade over the sea. Well, that's what our fore-fathers intended. However, in 1845 Congress passed an act saying Admiralty law could come on land. The bill may be traced in Cong. Globe, 28th Cong., 2d. Sess. 43, 320, 328, 337, 345(1844-45), no opposition to the Act is reported. Congress held a committee on this subject in 1850 and they said:

"The committee also alluded to "the great force" of "the great constitutional question as to the power of Congress to extend maritime jurisdiction beyond the ground occupied by it at the adoption of the Constitution...." - Ibid. H.R. Rep. No. 72 31st Cong., 1st Sess. 2 (1850)

It was up to the Supreme Court to stop Congress and say NO! The Constitution did not give you that power, nor was it intended. But no, the courts began a long train of abuses, here are some excerpts from a few court cases.

"This power is as extensive upon land as upon water. The Constitution makes no distinction in that respect. And if the admiralty jurisdiction, in matters of contract and tort which the courts of the United States may lawfully exercise on the high seas, can be extended to the lakes under the power to regulate commerce, it can with the same propriety and upon the same construction, be extended to contracts and torts on land when the commerce is between different States. And it may embrace also the vehicles and persons engaged in carrying it on (my note - remember what the law of the flag said when you receive benefits from the king.) It would be in the power of Congress to confer admiralty jurisdiction upon its courts, over the cars engaged in transporting passengers or merchandise from one State to another, and over the persons engaged in conducting them, and deny to the parties the trial by jury. Now the judicial power in cases of admiralty and maritime jurisdiction, has never been supposed to extend to contracts made on land and to be executed on land. But if the power of regulating commerce can be made the foundation of jurisdiction in its courts, and a new and extended admiralty jurisdiction beyond its heretofore known and admitted limits, may be created on water under that authority, the same reason would justify the same exercise of power on land." -- Propeller Genessee Chief et al. v. Fitzhugh et al. 12 How. 443 (U.S. 1851)

And all the way back, before the U.S. Constitution John Adams talking about his state's Constitution, said:

"Next to revenue (taxes) itself, the late extensions of the jurisdiction of the admiralty are our greatest grievance. The American Courts of Admiralty seem to be forming by degrees into a system that is to overturn our Constitution and to deprive us of our best inheritance, the laws of the land. It would be thought in England a dangerous innovation if the trial, of any matter on land was given to the admiralty." -- Jackson v. Magnolia, 20 How. 296 315, 342 (U.S. 1852)

This began the most dangerous precedent of all the Insular Cases. This is where Congress took a boundless field of power. When legislating for the states, they are bound by the Constitution, when legislating for their insular possessions they are not restricted in any way by the Constitution. Read the following quote from the Harvard law review of AMERICAN INS. CO. v. 356 BALES OF COTTON, 26 U.S. 511, 546 (1828), relative to our insular possessions:

"These courts, then, are not constitutional courts in which the judicial power conferred by the Constitution on the general government can be deposited. They are incapable of receiving it. They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables Congress to make all needful rules and regulations respecting the territory belonging to the united States. The jurisdiction with which they are invested is not a part of that judicial power which is conferred in the third article of the Constitution, but is conferred by Congress in the execution of those general powers which that body possesses over the territories of the United States." -- Harvard Law Review, Our New Possessions. page 481.

Here are some Court cases that make it even clearer:

"...[T]he United States may acquire territory by conquest or by treaty, and may govern it through the exercise of the power of Congress conferred by Section 3 of Article IV of the Constitution..." "In exercising this power, Congress is not subject to the same constitutional limitations, as when it is legislating for the United States. ...And in general the guaranties of the Constitution, save as they are limitations upon the exercise of executive and legislative power when exerted for or over our insular possessions, extend to them only as Congress, in the exercise of its legislative power over territory belonging to the United States, has made those guarantees applicable." -- Hooven & Allison & Co. vs Evatt, 324 U.S. 652 (1945)

 

 

"The idea prevails with some indeed, it found expression in arguments at the bar that we have in this country substantially or practically two national governments; one to be maintained under the Constitution, with all its restrictions; the other to be maintained by Congress outside and independently of that instrument, by exercising such powers as other nations of the earth are accustomed to exercise."

"I take leave to say that if the principles thus announced should ever receive the sanction of a majority of this court, a radical and mischievous change in our system of government will be the result. We will, in that event, pass from the era of constitutional liberty guarded and protected by a written constitution into an era of legislative absolutism."

"It will be an evil day for American liberty if the theory of a government outside of the supreme law of the land finds lodgment in our constitutional jurisprudence. No higher duty rests upon this court than to exert its full authority to prevent all violation of the principles of the constitution." -- Downes vs Bidwell, 182 U.S. 244 (1901)

These actions allowed Admiralty law to come on land. If you will remember the definition of the Law of the Flag. When you receive benefits or enter into contracts with the king you come under his law which is Admiralty law. And what is a result of your connection with the king? A loss of your Sovereign status. Our ignorance of the law is no excuse. I'll give you an example, something you deal with everyday. Let's say you get a seat belt ticket. What law did you violate? Remember the Constitution recognizes three forms of law. Was it common law? Who was the injured party? No one. So it could not have been common law even though here, the State of N. C. has made chapter 20 of the Motor Vehicle code carry common law penalties, jail time. This was the only thing they could do to cover up the jurisdiction they were operating in. Was it Equity law? No, there is no contract in dispute, driving is a privilege granted by the king. If it were a contract the UCC would apply, and it doesn't. In a contract both parties have equal rights. In a privilege, you do as you are told or the privilege is revoked. Well guess what, there is only one form of law left, admiralty. Ask yourself when did licenses begin to be required? 1933.

All district courts are admiralty courts, see the Judiciary Act of 1789.

"It is only with the extent of powers possessed by the district courts, acting as instance courts of admiralty, we are dealing. The Act of 1789 gives the entire constitutional power to determine "all civil causes of admiralty and maritime jurisdiction," leaving the courts to ascertain its limits, as cases may arise." -- Waring ET AL,. v. Clarke, Howard 5 12 L. ed. 1847

When you enter a court room and come before the judge and the U.S. flag with the yellow fringe flying, you are put on notice of the law you are in. American's aren't aware of this, so they continue to claim Constitutional rights. In the Admiralty setting the constitution does not apply and the judge, if pushed, will inform you of this by placing you under contempt for continuing to bring it up. If the judge is pressed, his name for this hidden law is statuary law. Where are the rules and regulations for statutory law kept? They don't exist. If statuary law existed, there would be rules and regulations governing it's procedures and court rules. They do not exist!!!

The way you know this is Admiralty, is from the yellow fringed flag and from the actions of the law, compelled performance (Admiralty). The judges can still move at common law (murder etc.) and equity (contract disputes etc.). It's up to the type of case brought before the court. If the case is Admiralty, the only way back to the common law is the saving to suitor clause and action under Admiralty. The court and rules of all three jurisdictions have been blended. Under Admiralty you are compelled to perform under the agreement you made by asking and receiving the king's government (license). You receive the benefit of driving on federal roads (military roads), so you have voluntarily obligated yourself to this system of law, this is why you are compelled to obey. If you don't it will cost you money or jail time or both. The type of offence determines the jurisdiction you come under, but the court itself is an Admiralty court, defined by the flag. Driving without a seat belt under Chapter 20 DMV code carries a criminal penalty for a non common law offense. Again where is the injured party or parties, this is Admiralty law. Here is a quote to prove what I said about the roads being military, this is only one benefit, there are many:

"Whilst deeply convinced of these truths, I yet consider it clear that under the war-making power Congress may appropriate money toward the construction of a military road when this is absolutely necessary for the defense of any State or Territory of the Union against foreign invasion. Under the Constitution Congress has power "to declare war," "to raise and support armies," "to provide and maintain a navy," and to call forth the militia to "repel invasions." Thus endowed, in an ample manner, with the war-making power, the corresponding duty is required that "the United States shall protect each of them [the States] against invasion." Now, how is it possible to afford this protection to California and our Pacific possessions except by means of a military road through the Territories of the United States, over which men and munitions of war may be speedily transported from the Atlantic States to meet and to repel the invader?.... Besides, the Government, ever since its origin, has been in the constant practice of constructing military roads." -- Inaugural Address of James Buchanan, March 4, 1857,..Messages and Papers of the Presidents, 1789-1902.

I want to briefly mention the Social Security Act, the nexus Agreement you have with the king. You were told the SS# was for retirement and you had to have it to work. It sounds like a license to me, and it is, it is a license granted by the President to work in this country, under the Trading with the Enemy Act, as amended in March 9, 1933, as you will see in a moment. Was it really for your retirement? What does F.I.C.A. stand for? Federal Insurance Contribution Act. What does contribution mean at law, not Webster's Dictionary. This is where they were able to get you to admit that you were jointly responsible for the national debt, and you declared that you were a fourteenth Amendment citizen, which I won't go into in this paper or the Erie Railroad v. Tompkins case where common law was over turned. Read the following definition to learn what it means to have a SS# and pay a contribution:

"Contribution. Right of one who has discharged a common liability to recover of another also liable, the aliquot portion which he ought to pay or bear. Under principle of "contribution," a tort-feasor against whom a judgement is rendered is entitled to recover proportional shares of judgement from other joint tort-feasor whose negligence contributed to the injury and who were also liable to the plaintiff. (Note - tort feasor means wrong doer, what did you do to be defined as a wrong doer???) The share of a loss payable by an insure when contracts with two or more insurers cover the same loss. The insurer's share of a loss under a coinsurance or similar provision. The sharing of a loss or payment among several. The act of any one or several of a number of co-debtors, co-sureties, etc., in reimbursing one of their number who has paid the whole debt or suffered the whole liability, each to the extent of his proportionate share. -- (Blacks Law Dictionary 6th ed.)

Guess what? It gets worse. What does this date 1933 mean? Well you better sit down. First, remember World War I, in 1917 President Wilson declared the War Powers Act of October 6, 1917, basically stating that he was stopping all trade with the enemy except for those he granted a license, excluding Americans. Read the following from this Trading with the enemy Act, where he defines enemy: In the War Powers Act of 1917, Chapter 106, Section 2 (c) it says that these declared war powers did not affect citizens of the United States:

"Such other individuals, or body or class of individuals, as may be natives, citizens, or subjects of any nation with which the United States is at war, OTHER THAN CITIZENS OF THE UNITED STATES, wherever resident or wherever doing business, as the President, if he shall find the safety of the United States of the successful prosecution of the war shall so require, may, by proclamation, include within the term "enemy."

Now, this leads us up to 1933. Our country was recovering from a depression and now was declared bankrupt. I know you are saying. Do What, the American people were never told about this? Public policy and National Security overruled the public right to know. Read the following Congressional quote:

"My investigation convinced me that during the last quarter of a century the average production of gold has been falling off considerably. The gold mines of the world are practically exhausted. There is only about $11,000,000,000 in gold in the world, with the United States owning a little more than four billions. We have more than $100,000,000,000 in debts payable in gold of the present weight and fineness. . . As a practical proposition these contracts cannot be collected in gold for the obvious reason that the gold supply of the entire world is not sufficient to make payment." -- Congressional Record, Congressman Dies, March 15, 1933

Before 1933 all contracts with the government were payable in gold. Now I ask you? Who in their right mind would enter into contracts totaling One Hundred billion dollars in gold, when there was only eleven billion in gold in the whole world, and we had about four billion. To keep from being hung by the American public they obeyed the banksters demands and turned over our country to them. They never came out and said we were in bankruptcy but, the fact remains, we are. In 1933 the gold of the whole country had to be turned in to the banksters, and all government contracts in gold were canceled. This is bankruptcy.

"Mr. Speaker, we are here now in chapter 11. Members of Congress are official trustees presiding over the greatest reorganization of any bankrupt entity in world history, the U.S. government." -- Congressman Traficant on the House floor, March 17, 1933

The wealth of the nation including our land was turned over to the banksters. In return, the nations 100 billion dollar debt was forgiven. I have two papers that have circulated the country on this subject. Remember Jesus said "money is the root of all evil" The Congress of 1933 sold every American into slavery to protect their asses. Read the following Congressional quotes:

"I want to show you where the people are being imposed upon by reason of the delegation of this tremendous power. I invite your attention to the fact that section 16 of the Federal Reserve Act provides that whenever the Government of the United States issues and delivers money, Federal Reserve notes, which are based on the credit of the Nation--they represent a mortgage upon your home and my home, and upon all the property of all the people of the Nation--to the Federal Reserve agent, an interest charge shall be collected for the Government." -- Congressional Record, Congressman Patman, March 13, 1933

[ From: Treason in Government! Admiralty on Land! ]

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